Islamabad: The Supreme Court has ruled that the Gas Utility Court holds exclusive jurisdiction to resolve disputes and complaints between gas utility companies and consumers under the Gas (Theft, Control & Recovery) Act, 2016.
A two-judge bench, comprising Justice Muhammad Ali Mazhar and Justice Syed Hasan Azhar Rizvi, delivered the judgment while hearing an appeal by Sui Northern Gas Pipelines Ltd (SNGPL) against an Islamabad High Court decision. The High Court had earlier ruled that issues like overbilling, gas calorific value charges, and estimated bills fall within the ambit of Section 6 of the 2016 Act.
The case originated when consumers filed suits seeking recovery of alleged overcharges in gas bills. However, the Gas Utility Court initially dismissed the suits, citing alternate remedies. The Islamabad High Court overturned this decision and remanded the matter for adjudication on merits.
Authored by Justice Mazhar, the judgment affirmed that the 2016 Act empowers Gas Utility Courts to provide equitable and expedited remedies for billing and metering disputes. It highlighted that Section 4 of the Act grants exclusive jurisdiction to these courts, while Section 5 vests them with powers equivalent to Civil and Sessions Courts. All proceedings in Gas Utility Courts are deemed judicial under the Pakistan Penal Code.
The judgment clarified that cases pending before other courts at the time of the Act’s enactment must be transferred to the Gas Utility Court. It also emphasized that the Act’s overriding provisions restrict other courts or authorities from intervening in matters under its jurisdiction.
